APHC010350092025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17571 Between: 1. JOGA NAGAMANI, W/O. SRIRAMULU, AGE 52 YEARS, RESIDENT OF 3-22, GOIIAVETA, KONDAVARAM, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT 2. GUTFAPAILI VENKANNABABU, S/O. VEERA BHASKARARAO, AGE 42 YEARS. RESIDENT OF D.NO. 5 U.KOTHAPALLI MANDAL, KAKINADA DISTRICT 3. RAYUDU VENKATA RAMANA, S/O. APPARAO, AGE YEARS, D.NO. 4/15, KONDAVARAM, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT 4. ANISETTY VENKATARAMANA, S/O. ANISETTY VYASA MURTHY D.NO. 2-176, RAMALAYAM STREET, KOMARAGIRI, MANDAL, KAKINADA DISTRICT 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, ENDOWMENTS DEPT. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, AP, VIJAYAWADA 3. THE DISTRICT ENDOWMENT OFFICER, KAKINADA, KAKINADA DISTRICT 4. SRI SEETHA RAMA SWAMY VAN DEVASTHANAM, GOR ASA. REP IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17571 OF 2025 JOGA NAGAMANI, W/O. SRIRAMULU, AGE 52 YEARS, RESIDENT 22, GOIIAVETA, KONDAVARAM, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT GUTFAPAILI VENKANNABABU, S/O. VEERA BHASKARARAO, AGE 42 YEARS. RESIDENT OF D.NO. 5-7, KOMARAGIRI, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT RAYUDU VENKATA RAMANA, S/O. APPARAO, AGE YEARS, D.NO. 4/15, KONDAVARAM, U.KOTHAPALLI MANDAL, KAKINADA ANISETTY VENKATARAMANA, S/O. ANISETTY VYASA MURTHY 176, RAMALAYAM STREET, KOMARAGIRI, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT ...PETITIONER(S) AND THE STATE OF AP, REP. BY ITS PRI. SECRETARY, ENDOWMENTS DEPT. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT THE COMMISSIONER, ENDOWMENTS DEPARTMENT, AP, ENDOWMENT OFFICER, KAKINADA, KAKINADA SRI SEETHA RAMA SWAMY VAN DEVASTHANAM, GOR ASA. REP IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE FOURTEENTH DAY OF JULY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA JOGA NAGAMANI, W/O. SRIRAMULU, AGE 52 YEARS, RESIDENT 22, GOIIAVETA, KONDAVARAM, U.KOTHAPALLI MANDAL, GUTFAPAILI VENKANNABABU, S/O. VEERA BHASKARARAO, AGE 7, KOMARAGIRI, RAYUDU VENKATA RAMANA, S/O. APPARAO, AGE YEARS, D.NO. 4/15, KONDAVARAM, U.KOTHAPALLI MANDAL, KAKINADA ANISETTY VENKATARAMANA, S/O. ANISETTY VYASA MURTHY U.KOTHAPALLI ...PETITIONER(S) THE STATE OF AP, REP. BY ITS PRI. SECRETARY, ENDOWMENTS DEPT. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT THE COMMISSIONER, ENDOWMENTS DEPARTMENT, AP, ENDOWMENT OFFICER, KAKINADA, KAKINADA SRI SEETHA RAMA SWAMY VAN DEVASTHANAM, GOR ASA. REP 2 BY ITS EXECUTIVE OFFICER, PITHAPURAM,U.KOTHAPAHI MANDAL, KAKINADA DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue Writ or direction more particularly one in Vne nature of Writ of Maadamus declarioi the acttoa of with petitioners Respondent interfering possession and enioyment and dispossess over the properties ot thetr respective extentoutof extent of Ac. in Kiivey Nos. 121 122 of KomarrtWBage, Kothapaili Mandal, Kakinada District as illegal, and violative of principles of natural such other order or orders as in the arbitrary justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to interfere with their respective extent out of extent of Ac. 19-92 cents in survey Nos. 121 & 122 of Komaragiri Village, U.Kothapalli Mandal, Kakinada District pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17571 OF 2025 The Court made the following order: Heard Sri Thota Ramakoteswara Rao, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 to 3 and Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.4. 2. The grievance of the petitioners is that the respondents are making attempts to dispossess the petitioners from the subject lands, which are in a extent of Ac.19.92 cents in Sy.Nos.121 & 122 of Komaragiri Village, U.Kothapalli Mandal, Kakinada District, without following due process of law. 3. It is contended by the petitioners that the 4th respondent had already filed O.A.No.529 of 2013 before the Endowments Tribunal against the petitioners seeking their eviction. The said O.A. is stated to be pending. 4. Learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3, and Sri Kappera Koteswara Rao, learned Standing Counsel appearing for respondent No.4, submit that the O.A. filed before the Tribunal is no longer pending. The Commissioner has granted approval to withdraw the said O.A., and the same has already been withdrawn. Consequently, the department, i.e., the 4th respondent, is proposing to follow the due process of law to evict the petitioners from the subject land. 4 5. It is further stated by the learned Standing Counsel that the father of petitioner No.2 has filed a writ petition in W.P.No.9074 of 2025. The said writ petition was disposed of vide order dated 08.07.2025. While the said writ petition was pending, the petitioner No.2 along with petitioner Nos.1, 3 and 4 have filed the present writ petition, which is not maintainable. It is further stated that it has been proposed by the respondents to issue notice under the provisions of Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 . 6. In view of the foregoing, the Writ Petition is disposed of with a direction to the respondents to follow the due process of law to evict the petitioners from the subject lands. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 14.07.2025 BSK 5 61 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17571 OF 2025 Date: 14.07.2025 BSK